Discovering a car parked on your private driveway is one of the most aggravating experiences for any homeowner. Your first instinct may be to take immediate action, perhaps involving the police or trying to remove the vehicle yourself. However, legal experts clarify that this is not the right approach. If someone parks on your driveway without permission, it is considered trespass—a civil issue, not a criminal offence.
Paul Britton, CEO of Britton and Time law firm, explains, “Parking on your drive is trespassing, which is a civil matter. Police usually won’t get involved unless there’s a serious aggravation like threats, property damage, or breach of peace.”
Here’s what the experts advise you to do:
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- Avoid confrontation or escalating the situation.
- Try to identify the vehicle’s owner.
- Take photographs as evidence.
- Contact relevant authorities only in cases of danger or serious obstruction.
- For repeated offences, consider legal advice or installing physical deterrents like gates or bollards.
The one critical action you must never take is clamping the vehicle. Private clamping is generally illegal, and tampering with the car—whether moving, damaging, or blocking it—can have legal repercussions. Richard Evans of We Buy Any Car warned, “Don’t block the car in or try to clamp it yourself as that could get you into legal trouble.”
Similarly, criminal defence lawyer Benson Varghese emphasizes, “Interfering with another person’s vehicle can land you in legal hot water. The best approach is calm communication and involving the proper enforcement authority.”
Local councils have limited authority in these matters. While they manage parking enforcement on public roads, they cannot remove vehicles parked on private property unless the car is abandoned or poses a danger. If the offending vehicle is parked partly on the road blocking your driveway, councils may issue a fine or intervene.
Motoring experts also suggest practical measures to prevent unwanted parking. Installing driveway gates, parking bollards, cones, or clear signage can act as effective deterrents.
Ultimately, while it’s infuriating to have your driveway blocked, the law requires patience and adherence to civil procedures. Acting rashly could lead to legal trouble instead of a resolution.